SUDARSAN SINGH Vs. GOVIND

JUDGEMENT

(1.) ON the 17th of July 1970, Sub Divisional Magistrate Bidhuna. at Etawah issued notice to the opposite parties who are applicants here to show cause why they should not be ordered to execute a personal bond of Rs. 1000/-with two reliable sureties each in the like amount for keepirfg the peace for a period of one year. Opposite parties; came up in revision before the Additional Sessions Judge Etawah who has-, made a reference to this Court recommending that the aforesaid order of the Magistrate be set aside. The Sessions Judge also stayed the proceedings meanwhile. .

(2.) I have perused the order of the Sessions Judge and the explanation submitted by the Magistrate. I do not agree with the learned Sessions Judge that in the absence of a police report the Magistrate had no jurisdiction to initiate proceedings against some of the opposite parties. I also do not agree with him that as the dispute between the parties related to immoveable property, the initiation of proceedings Under Section 107 Criminal P. C. was illegal.

(3.) IN terms Section 107 of the Code invests jurisdiction in the Magistrate to initiate proceedings under. Section 107 against any person on receiving information from any source if, in his opinion there was sufficient ground for proceeding 'against that person. It is not necessary that such information must come from police only. In the instant case there was complaint against the opposite parties before the Magistrate and he had full jurisdiction to initiate proceedings Under Section 107 on the basis of that complaint if he was satisfied ( that there was sufficient ground for proceeding against the opposite parties.